PAWNEE COUNTY — Derek Damon Delgado, 28 of Larned, appeared in the Pawnee County District Court Thursday afternoon before District Judge Bruce Gatterman for a scheduled change of plea hearing. He previously entered a not guilty plea to a two count felony complaint and requested a jury trial, according to Pawnee County Attorney Doug McNett.
The criminal case stems from a joint investigation by the Sedgwick County Exploited and Missing Children Unit, Kansas Department of Children and Families (DCF) and Larned Police Department after a four-month-old infant was airlifted in critical condition on October 9, 2025, from the Pawnee Valley Community Hospital (PVCH) to Wesley Medical Center.
At the hearing, the parties advised the Court after extended plea negotiations they had reached a formal plea agreement. Prior to presenting the plea agreement, Pawnee County Attorney Douglas McNett advised the Court that in accordance with the Kansas Constitution and the Kansas Bill of Rights for Victims of Crimes the minor child’s mother and her family had been consulted throughout the plea negotiation process. McNett further advised the Court that the victim’s family opposes the plea agreement and have asked that the Court reject the plea and require the matter advance to trial.
Pursuant to the agreement, Delgado pleaded Guilty to Abuse of a Child – Recklessly cause Great Bodily Harm, Permanent Disability or Disfigurement, a severity level 3 person felony. In exchange for the plea, the State agreed to dismiss the remaining charge. At the time of sentencing, the State agrees to join in a defense Motion for Dispositional Departure to a non-prison sanction based on the substantial and compelling reason that the societal goal of offender reformation would best be served by requiring the defendant to (a) provide financial assistance and support towards the victim’s ongoing rehabilitation and care expenses, and (b) complete all currently recommended family/parenting support and mental health services.
In the written plea agreement, the parties further acknowledged that the Court is not bound by any sentencing recommendations and that the victim’s family has a right to present alternative sentencing recommendations to the Court at the time of sentencing pursuant to Article 15 of the Kansas Constitution and the Kansas Bill of Rights for Victims of Crime, pursuant to K.S.A. 74-7333.
In support of Delgado’s guilty plea, McNett proffered the supporting affidavit and preliminary hearing transcript, and advised the Court that had the matter proceeded to trial the State would have presented testimony that on the date in question the child’s mother had fed the infant around 4:30 a.m. and placed the child back in the parent’s bed in U shaped pillow and then left the family’s Larned residence for her job sometime before 6:00 a.m.. Shortly after 7:00 a.m., she discovered that the child’s father, Derek Delgado, had texted her at 6:54 a.m. indicating that he had awoken on top of the child and the child seemed limp and wouldn’t hold her head up or kick. When the mother arrived home, she found the child lying on their bed struggling to breathe with Delgado shining his cellphone flashlight in the child’s eyes. They then transported the child by private vehicle to Pawnee Valley Community Hospital in Larned, Kansas.
After being intubated, the child was airlifted to Wichita. Delgado told the medical providers, law enforcement personnel and DCF that he woke up sometime after 6:00 a.m., attempted to feed the child and subsequently fell back asleep. He did not know how long he was asleep before he woke up on top of the child.
As was presented at the preliminary hearing. the State further advised that they would anticipate Dr. Kerri Weeks of the University of Kansas School of Medicine would testify that while the observed symptoms could be caused by the described asphyxiation, the child’s multiple brain scans revealed brain injuries which in her medical opinion that type of injury in infants is caused by rapid acceleration and deceleration from either high force trauma or shaking, rather than crushing trauma as described by the father.
McNett further advised the Court that testimony would be presented that due to the brain injury the child is considered legally blind and that she is not currently meeting her developmental milestones as expected by an average child her age. McNett also argued in furtherance of the plea that the father’s actions on the morning of the incident in conjunction with his delay in seeking immediate emergency medical attention constituted a gross deviation from the standard of care which a reasonable person would exercise in the situation.
The defendant did not make any statement regarding the State’s proffer of evidence.
After accepting the plea, Judge Gatterman ordered Delgado remanded to the custody of the Pawnee County Jail to be held without bond pending sentencing pursuant to the new statutory bond standards that became effective July 1, 2026. Sentencing has been scheduled for November 23, 2026.
The State originally charged Delgado on December 18, 2025, with a single Count of Reckless Child Abuse. Following the presentation of evidence at the preliminary hearing, Magistrate Judge Julie Cowell found the State presented sufficient evidence by a probable cause standard to support two charges: (1) Abuse of a Child – Recklessly cause Great Bodily Harm, Permanent Disability or Disfigurement, a severity level 4 person felony; and (2) Abuse of a Child – Knowingly cause Great Bodily Harm, Permanent Disability or Disfigurement, a severity level 4 person felony. Had the matter proceeded to trial, the State would have the burden to prove the crimes based on a beyond a reasonable doubt standard.
Under Kansas law, a person acts “recklessly” or is “reckless,” when such person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. A person acts “knowingly,” or “with knowledge,” with respect to the nature of such person's conduct or to circumstances surrounding such person's conduct when such person is aware of the nature of such person's conduct or that the circumstances exist. A person acts “knowingly,” or “with knowledge,” with respect to a result of such person's conduct when such person is aware that such person's conduct is reasonably certain to cause the result.
Pawnee County Attorney Douglas McNett represented the State. Delgado was represented by Jon McConnel of Wichita, Kansas.